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SPANISH LAW

As Spain advances trans rights, other early adopters hesitate

As Spain prepares to adopt a law simplifying the process for self-identifying as transgender, other countries that introduced similar legislation are applying the brakes over the complexities involved in this highly sensitive issue.

As Spain advances trans rights, other early adopters hesitate
A protester wears a mask during a rally to mark Transgender Day of Remembrance, in Madrid, on November 20, 2022. (Photo by OSCAR DEL POZO / AFP)

Spanish lawmakers gather Thursday to approve a transgender rights bill letting anyone 16 and over change gender on their ID card.

That will make it one of the few nations to allow it with a simple declaration.

It is the final hurdle for legislation that has caused a major rift within Spain’s fractious left-wing coalition, as the country gears up for a general election later this year.

Until now, adults in Spain could only request the change with a medical report attesting to gender dysphoria and proof of hormonal treatment for two years. Minors needed judicial authorisation.

The law set to be passed Thursday drops all such requirements, with anyone as young as 12 now able to apply, although only under certain conditions.

Supporters say the need for laws to safeguard trans rights has taken on a new urgency with the sharp rise in people reporting gender dysphoria — the distress caused by a mismatch between a person’s biological sex and the gender with which they identify.

READ ALSO: What is Spain’s Trans Law and why is it so controversial?

Politically divisive

But in recent years, several European nations which pioneered transgender legislation have had second thoughts.

Among those who have reimposed restrictions are Sweden and Finland, while in the United Kingdom, Westminster last month blocked a Scottish trans rights law similar to Spain’s.

The bitter dispute over transgender issues played a role in Wednesday’s shock resignation of Scotland’s First Minister Nicola Sturgeon.

Although she had championed the law, Sturgeon became entangled in a major row over transgender women entering all-female prisons following a rapist case that sparked public outcry.

A year ago, Sweden decided to halt hormone therapy for minors except in very rare cases.

In December, it limited mastectomies for girls wanting to transition to a research setting, citing the need for “caution”.

The decision followed moves by Finland, which decided to restrict gender reassignment hormone treatment for similar reasons in 2020.

In Spain, the bill generated deep political and ideological divisions within its left-wing coalition government, driving a wedge between activists in its powerful feminist lobby and LGBTQ equality campaigners.

The law was championed by the equality ministry, held by the radical left-wing Podemos, which says it will “depathologise trans lives and guarantee trans people’s rights”.

Spain’s Minister for Equality Irene Montero (C) poses for pictures with activists as they gather to celebrate after a vote in favour of a transgender rights bill in front of the Spanish Congress of Deputies in Madrid, on December 22, 2022. (Photo by JAVIER SORIANO / AFP)
 

‘An important step’

Campaigners said Spain was setting an example that would encourage others to follow suit.

“Spain is taking an important step with the approval of this law, because it will encourage other countries to follow our example that human rights must be above any ideology,” said Uge Sangil, head of FELGBTI+, the largest LGBT organisation in Spain.

She dismissed the idea that other frontrunners were taking a step back from moves to advance trans rights.

“It’s important to clarify that there is no backtracking, not in the UK, nor in Sweden,” she said.

“In the UK there is a law but it’s at a standstill, but they haven’t gone back on it… and in Sweden, they are reforming the trans law to advance in rights.”

But other voices have warned that gender self-determination could spell difficulties ahead that will need addressing. They include Reem Alsalem, the UN rapporteur on violence against women.

“Nations need to reflect on whether someone with a male biological sex, once they have acquired their female gender certificate, should be able to access all programmes and categories designed for biological women,” she told El Mundo daily earlier this month.

Ahead of Scotland’s vote, Alsalem wrote a strongly worded letter to the UK government outlining her concerns, which played a role in its unprecedented veto of the Scottish law.

At Thursday’s session, Spanish lawmakers will also pass another law bolstering access to abortion services in public hospitals, and allowing 16- and 17-year-olds to terminate a pregnancy without parental consent.

It will also grant paid medical leave to women suffering from severe period pain.

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PROPERTY

BBQs, nudity and plants: What are the balcony rules in Spain?

Though many people hang laundry, plants, and flags from their balcony, in Spain the rules on what you can and can't do on 'el balcón' are not well-known.

BBQs, nudity and plants: What are the balcony rules in Spain?

Imagine the scene: you’ve just bought or signed the lease on your dream apartment. It’s bright and airy, with plenty of space, and even has a nice-sized balcony to get some fresh air on. You can do whatever you want there, right? 

Not exactly. In Spain the rules on what you can and can’t do on a balcony (even if it’s private) depend on a few factors, namely the regional and local rules, as well as getting the approval of the building’s homeowner’s association – known in Spain as la comunidad.

Some of them might just surprise you.

READ ALSO: ‘La comunidad’: What property owners in Spain need to know about homeowners’ associations

There are four main things or activities on balconies that could potentially put you on the wrong side of the local rules and even get you fined: barbecues, plants, laundry, and flags.

In all cases (even if you don’t think you’re breaking any rules) you’ll generally need to consider two things: firstly, does this affect or change the building’s façade? And secondly: will la comunidad allow it?

Barbecues

In Spain there is no national law prohibiting barbecues on private property, so in principle it is legal as long as the barbecue is lit in a private space such as your own balcony, garden or terrace, and not a shared space.

Often in Spain, the roof (usually referred to as la terrazza) is a shared space people use for storage and hanging their laundry, so be sure to check with the comunidad.

In terms of your own balcony, however, although there’s no law saying outright you can’t have a barbecue, you’ll need to take into account the rules and regulations in force in each locality or region. There may also be specific rules within the building that long-term homeowners have developed over the years.

As we will see, many of these low-level regulations are delegated to local governments and town halls in Spain, so the answer to these sorts of questions is usually: it depends where you are.

However, according to Article 7 of Spain’s Horizontal Property Law, “the owner and the occupant of the flat or premises are not allowed to carry out in it or in the rest of the property activities prohibited in bylaws, which are harmful to the property or which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities.”

This basically gives your neighbours the right to complain about noise, smells, smoke and any possible fire risk in or around their building, which barbecues could plausibly fall under.

As with co-living anywhere in the world, regardless of the regional or local rules, employ some common sense: be reasonable, listen to neighbour’s concerns and take up any disputes with the President of la comunidad.

READ ALSO: What you need to know before having a barbecue in Spain

Plants

Again, with plants the responsibility falls on each local authority to set the rules. In Spain, most regions and town halls state that, as long as the architectural or structural elements of the building are not changed or weakened in any way, putting plants on your balcony is permitted.

However, note that many terraces and balconies do have maximum weight regulations that must be respected in order to guarantee their safety, which is 200kg per square metre. If this figure is exceeded (and it can be proved) you could theoretically be fined.

Laundry

Laundry lines criss-crossing the streets might be one of the more picturesque images of Spanish life, but the people doing it might actually be breaking the rules.

How do you know? You guessed it, it depends where you. You’ll need to check with your local authority on this one, though municipal regulations in Barcelona, Madrid and Valencia all regulate hanging laundry from your balcony, which is again outlined in the Horizontal Property Law.

This principally seems to be because it affects the façade of the building (a common theme when it comes to balcony rules in Spain).

In places with rules about hanging laundry from balconies, you could be fined up to 750 euros if you don’t comply with the rules.

However, according to Foto Casa, even if you live in an area where there are no bans or penalties against hanging laundry on the balcony, you’ll still likely need the permission of la comunidad.

READ MORE: Spain’s weirdest laws that foreigners should know about

What about flags?

Whether it be the Spanish flag, the Catalan, Valencian or Andalusian flags, or LGBT, trade union or football team flags, flags proudly hanging from balconies is another mainstay of Spanish life.

It’s also one of the more controversial ones too, especially within comunidad meetings. Hanging flags on the balcony, as well as allegedly altering the aesthetics and security of the building (the same concern as with laundry) often has ideological connotations that can cause conflict.

Again, as with laundry, hanging flags on the balcony will require the approval of all the owners within the community, something that must be agreed at a meeting, as per the Horizontal Property Law.

However, if the flag is placed inside the property, as it is a private property, fellow homeowners cannot oppose it, even if it is visible from the street, according to Foto Casa.

Nudity 

Article of 185 of Spain’s Penal Code only considers being naked at home to be obscene exhibitionism and sexual provocation if it affects minors, in which case it is punishable with a fine or up to a year in prison.

Therefore, you could technically sunbathe shirtless or naked on your balcony in most cases without getting into trouble, although it won’t necessarily go down well with your neighbours and/or flatmates and you be reprimanded for it.

READ ALSO: Can you go shirtless or wear a bikini in the street in Spain?

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